Wrongful dismissal decision may indicate shift in the law

Toronto employment labour lawyer Stephen Moreau says his client, Jean-Francois Oudin, is considering an appeal to the Supreme Court of Canada after the Ontario Court of Appeal upheld a termination clause that prevents him from claiming full compensation in lieu of common law reasonable notice of termination. In Oudin v. Centre Francophone de Toronto 2016 […]

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Supreme Court of Canada decision is a call to action for the Crown: Grey

A Supreme Court of Canada (SCC) ruling is a call to action for the Crown to reconsider how well the justice system balances people’s rights with the goal of prosecuting those who violate the law, Alberta criminal lawyer Leighton Grey says. In a 9-0 decision, the SCC ruled people accused of crimes are entitled to a review of

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Border search of lawyer’s laptop, cellphone a cause for concern, Grey says

The Canadian Border Services Agency’s (CBSA) ability to search electronic devices belonging to lawyers returning to Canada raises serious questions around both solicitor-client privilege and other areas of personal information that are open to government intervention, says Alberta civil litigator Leighton Grey. “What’s really concerning is the government of Canada is taking a strange stance and

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Broker met duty of care, can’t be an ‘expert in all things’

A recent decision dealing with a commercial building destroyed by fire clarifies the standard of care owed by an insurance broker when providing coverage to a client, Toronto insurance defence lawyer Heather Vaughan says. “It is an interesting case because the court confirmed there are stringent duties on the broker — but not for every

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Barring civil juries in Rule 76 claims ‘makes sense,’ says Orlando

Recent changes to the Rules of Civil Procedure eliminating civil juries in actions under $200,000 will help streamline the litigation process and make it more affordable for plaintiffs, says Ontario personal injury lawyer Dale Orlando. Rule 76, introduced in 1996, imposed a mandatory simplified process for actions that exceed the jurisdiction of small claims court. The new amendments — filed

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Province urged to use roadside technology to stop cell phone use while driving

Ontario personal injury lawyer and road safety advocate Patrick Brown tells CBC News he is lobbying the province to implement technology that would allow police to conduct roadside tests to see if drivers are using their cellphones behind the wheel. The technology behind the ‘Textalyzer’ device is being debated in several U.S. cities, CBC reports, and its developer says

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Documentation vital in defending winter liability claims

Property companies need to have systems in place to demonstrate they are prepared for winter safety hazards in case a mishap leads to a personal injury claim, Toronto insurance defence lawyer Heather Vaughan says. “Property owners should have a risk-management system that contemplates fluctuating weather conditions, including maintaining cleaning systems inside their premises and snow

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Table-top ethanol-fuelled fireplaces can be hazardous

Ontario personal injury lawyer Patrick Brown tells CTV News that people should be warned about using “dangerous” table-top ethanol-fuelled fireplaces after his client was hit by a jet of fire from one of these devices and is now fighting for her life. Brown, a principal partner with McLeish Orlando LLP, represents the family of Cindy Iannucci, who has been in a

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Class-action lawsuit could raise awareness while bringing justice

A class action could bring some measure of justice to victims of a residential day school, says Alberta Indigenous rights litigator  Leighton Grey. Grey, senior partner with Grey Wowk Spencer LLP, tells the news website Lakeland Connect he wants to ensure that former students of the Kehewin school, which was run by the federal government in partnership with the

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Care needed when using ethanol-fuelled firepots: McLeish

Ontario personal injury lawyer John McLeish tells CBC’s The National that his firm is handling seven instances where people were either severely injured or killed due to dangerous ethanol-fuelled firepots and portable fireplaces. McLeish, a founding partner with McLeish Orlando LLP, tells the current affairs program the consequences of not following a product’s strict instructions — if there are any

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